Alex Reese :Hello. Have you actually been sued or are you being threatened with a lawsuit?

Customer:

I'm being sued

Customer:

they sent me an email, with a settlement agreement

Customer:

they got my ip address from my cable provider, they subpoena them

Alex Reese :

if you in fact made the download then it is essentially a negotiation right now, to settle for some agreed upon amount

Alex Reese :

usually these cases settle for a lot less than the initial demand, so based on their initial demand, you can make a counter offer that is substantially lower...and go from there

Customer:

okay, they sent over a settlement agreement for $2565

Customer:

so I can send them back a counter offer response for $1500?

Alex Reese :

yes, or even less I would recommend

Alex Reese :

you can always get rejected and go higher

Customer:

okay, so typically lawyers would do this, not the actual accused, so how much does a case like this usually run if one were to get a lawyer?

Customer:

range wise

Alex Reese :

well you can do it yourself, handle the negotiation/settlement....it could be very simple, just a little back and forth on price. there's no way to estimate legal fees because it depends on the lawyer's rate, how much work is done etc....but this is just a negotiation at this point, its not a "case"

Customer:

okay

Alex Reese :

if you want the attorney to write letters and do some research (in order to fight the whole thing or to really try to get the amount down) or file a motion to squash the subpoena etc then that's another thing, but just negotiation will not be much time/cost

Alex Reese :

but in such a case when the amount is not too high, it would probably just increase your cost to hire a lawyer if your plan is to just settle

Customer:

right, i was trying to weigh those options

Customer:

if I could negotiate myself then i guess i could save money in that regard

Alex Reese :

yes, but if it goes beyond that then definitely consult with a lawyer

Customer:

one last thing, how can I make sure this isn't some kind of scam, is there a way to check the legitimacy of a subpoena or settlement agreement

Alex Reese :

well that's where you would want an attorney because there's no easy well to tell you how to check on your own

Alex Reese :

but you should have a copy of the subpoena, which should be signed by the Judge

Alex Reese :

so check that to make sure they have an issued subpoena and that its not just a draft

Alex Reese :

but that doesn't really matter at this point...a subpoena is just to get your info in order to identify you in a lawsuit potnetially

Alex Reese :

the settlement agreement should release all claims against you

Customer:

and by settling, does this information go on record?

Alex Reese :

so you will want to read it over or have an attorney do so

Alex Reese :

no there is no record other that the agreement between you two

Alex Reese :

its just a contract between two parties

Customer:

okay

Alex Reese :

of course if they file a lawsuit then there will be some record of that

Customer:

right, but by settling I am avoiding court and thus a record

Alex Reese :

yes

Customer:

okay this has been helpful

Customer:

thank you

Alex Reese :

sure, best of luck

Alex Reese :

don't forget to click ACCEPT...thanks

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